Title 43Public LandsRelease 119-73

§1356 Documentary, registry and manning requirements

Title 43 › Chapter CHAPTER 29— - SUBMERGED LANDS › Subchapter SUBCHAPTER III— - OUTER CONTINENTAL SHELF LANDS › § 1356

Last updated Apr 6, 2026|Official source

Summary

Within six months after September 18, 1978, the Secretary in charge of the Coast Guard must write rules that do three things for vessels, rigs, platforms, and similar structures used under this part. After a one-year period starting when those rules take effect, any such craft that is built or rebuilt after that one-year period must be documented under U.S. law if U.S. law requires it. They must meet minimum design, construction, alteration, and repair standards set by the Secretary. They must be crewed by U.S. citizens or lawful permanent residents, subject to the exceptions below. The design and construction rules do not apply to craft built before September 18, 1978 until they are rebuilt. The crew rule does not apply if existing contracts or registry rules on September 18, 1978 say otherwise, if there are not enough qualified U.S. citizens or permanent residents available, if the President finds it would harm the national interest for a particular craft, or if more than 50% of the craft is owned or effectively controlled by citizens of a foreign nation (unless the President finds that that foreign government has its own national manning requirement).

Full Legal Text

Title 43, §1356

Public Lands — Source: USLM XML via OLRC

(a)Within six months after September 18, 1978, the Secretary of the Department in which the Coast Guard is operating shall issue regulations which require that any vessel, rig, platform, or other vehicle or structure—
(1)which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter and which is built or rebuilt at any time after such one-year period, when required to be documented by the laws of the United States, be documented under the laws of the United States;
(2)which is used for activities pursuant to this subchapter, comply, except as provided in subsection (b), with such minimum standards of design, construction, alteration, and repair as the Secretary or the Secretary of the Department in which the Coast Guard is operating establishes; and
(3)which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter, be manned or crewed, except as provided in subsection (c), by citizens of the United States or aliens lawfully admitted to the United States for permanent residence.
(b)The regulations issued under subsection (a)(2) of this section shall not apply to any vessel, rig, platform, or other vehicle or structure built prior to September 18, 1978, until such time after such date as such vehicle or structure is rebuilt.
(c)The regulations issued under subsection (a)(3) of this section shall not apply—
(1)to any vessel, rig, platform, or other vehicle or structure if—
(A)specific contractual provisions or national registry manning requirements in effect on September 18, 1978, provide to the contrary;
(B)there are not a sufficient number of citizens of the United States, or aliens lawfully admitted to the United States for permanent residence, qualified and available for such work; or
(C)the President makes a specific finding, with respect to the particular vessel, rig, platform, or other vehicle or structure, that application would not be consistent with the national interest; and
(2)to any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploration, development, or production of oil and gas in its offshore areas.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1356

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73